TOWNSHIP OF PISCATAWAY v. SOUTH WASHINGTON AVENUE, LLC

Docket No. A-3648-05T3, A-4094-05T3

947 A.2d 663 (2008)

400 N.J. Super. 358

TOWNSHIP OF PISCATAWAY, a municipal corporation of the State of New Jersey, Plaintiff-Respondent, v. SOUTH WASHINGTON AVENUE, LLC; Ruth Halper, Executrix of the Estate of Herbert Halper; Laurence Halper; Mark Halper; Ruby Halper-Erkkila, M.D.; and Faith Rost, Defendants-Appellants, and United States of America; State of New Jersey; Jersey Central Power & Light Co.; Texas Eastern Transmission Corp.; Public Service Electric & Gas Co.; Helen Harper; Simon Halper; Bella Harper; Ronald Halper, Bonnie Halper; and Cindy Halper-Raiman, Defendants. Township of Piscataway, a municipal corporation of the State of New Jersey, Plaintiff-Appellant, v. South Washington Avenue, LLC; Ruth Halper, Executrix of the Estate of Herbert Halper; Laurence Halper; Mark Halper; Ruby Halper-Erkkila, M.D.; Faith Rost; Ronald Halper; Bonnie Halper; and Cindy Halper-Raiman, Defendants-Respondents, and United States of America; State of New Jersey; Jersey Central Power & Light Co.; Texas Eastern Transmission Corp.; Public Service Electric & Gas Co.; Helen Harper; Simon Halper; and Bella Harper, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided May 14, 2008.


Attorney(s) appearing for the Case

Barbara S. Schwartz, Scotch Plains, argued the cause for appellants in A-3648-05T3.

James F. Clarkin, III, argued the cause for respondent in A-3648-05T3 and for appellant in A-4094-05T3 (Clarkin & Vignuolo, P.C., and Waters, McPherson, McNeill, P.C., attorneys; Mr. Clarkin and Peter Vignuolo, of counsel and on the brief).

Edward D. McKirdy argued the cause for respondents in A-4094-05T3 (McKirdy and Riskin, P.A., attorneys; Mr. McKirdy, L. Jeffrey Lewis, and Joseph W. Grather, on the brief).

Before Judges COBURN, FUENTES and GRALL.


The opinion of the court was delivered by

COBURN, P.J.A.D.

The Township of Piscataway filed this condemnation action to preserve a 75 acre farm as open space. The farm's owners, defendants South Washington Avenue LLC and members of the Halper family (the "Halpers"), answered the complaint, denying Piscataway's authority to condemn their property. After the action had been pending for approximately five years, Piscataway filed a declaration of taking and deposited...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases